Dated: 18 May 2010
The Media Development Authority (MDA) would like to take this opportunity to clarify what “cross-carriage” of exclusive content as mandated by MDA entails.
In mandating cross-carriage, signing of exclusive carriage agreements (ECAs) are not prohibited.
As mentioned earlier, the cross carriage measure will allow one retailer to leverage on another retailer's platform to widen the distribution of the former’s channels. For example, if StarHub signs up an exclusive contract, the remedy is akin to requiring StarHub to lease network equipment and infrastructure from SingTel, to deliver StarHub's TV content to consumers who prefer to receive it through SingTel’s infrastructure, and vice versa. The content continues to be branded in its original form featuring StarHub’s branding and commercials. The subscriber relationship also remains between StarHub and the consumers, and the consumer pays StarHub, not SingTel. In fact, StarHub already leases network infrastructure from SingTel today for delivery of its cable-TV programmes. The content affected by the cross carriage measure is not resold, but merely carried on another platform.
So there is no question of content owners’ rights being disregarded. Content owners are at liberty to continue signing exclusive contracts with their preferred pay-TV retailer. As such, MDA does not consider that there is any conflict between the proposed measure and Singapore's international commitments. MDA is fully committed to protecting the rights of intellectual rights owners.
We are in the middle of the consultation process, and MDA will refine the measure taking into consideration feedback from various stakeholders groups, including existing and potential pay TV retailers, international and local content providers, and consumers. Our aim remains to bring about a thriving pay TV market that best serves the consumers.
For any feedback or queries on this issue, please email to feedback.
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